cognitive-web-osl-1.1.LICENSE

---
key: cognitive-web-osl-1.1
short_name: CognitiveWeb Open Source License 1.1
name: CognitiveWeb Open Source License 1.1
category: Copyleft Limited
owner: CognitiveWeb Project
homepage_url: http://www.cognitiveweb.org/legal/license/
notes: derived from the Jabber Open Source License
spdx_license_key: LicenseRef-scancode-cognitive-web-osl-1.1
text_urls:
    - http://www.cognitiveweb.org/legal/license/CognitiveWebOpenSourceLicense-1.1.txt
ignorable_copyrights:
    - Copyright (c) 2003-2003 CognitiveWeb
    - Portions Copyright (c) 2002-2003 Bryan Thompson
ignorable_holders:
    - Bryan Thompson
    - CognitiveWeb
ignorable_urls:
    - http://www.cognitiveweb.org/
    - http://www.cognitiveweb.org/legal/license
---

CognitiveWeb Open Source License

Version 1.1

This CognitiveWeb™ Open Source License (the "License") applies to
CognitiveWeb software products as well as any updates or maintenance
releases of that software ("CognitiveWeb Products") that are distributed
by CognitiveWeb. ("Licensor").  Any CognitiveWeb Product licensed
pursuant to this License is a Licensed Product.  Licensed Product, in
its entirety, is protected by U.S. copyright law.  This License
identifies the terms under which you may use, copy, distribute or modify
Licensed Product.

Preamble

This Preamble is intended to describe, in plain English, the nature and
scope of this License. However, this Preamble is not a part of this
license. The legal effect of this License is dependent only upon the
terms of the License and not this Preamble. This License complies with
the Open Source Definition and has been approved by Open Source
Initiative. Software distributed under this License may be marked as
"OSI Certified Open Source Software."

This License provides that:

1.      You may use, sell or give away the Licensed Product, alone or as
a component of an aggregate software distribution containing programs
from several different sources.  No royalty or other fee is required.

2.      Both Source Code and executable versions of the Licensed
Product, including Modifications made by previous Contributors, are
available for your use.  (The terms "Licensed Product," "Modifications,"
"Contributors" and "Source Code" are defined in the License.)

3.      You are allowed to make Modifications to the Licensed Product,
and you can create Derivative Works from it. (The term "Derivative
Works" is defined in the License.)

4.      By accepting the Licensed Product under the provisions of this
License, you agree that any Modifications you make to the Licensed
Product and then distribute are governed by the provisions of this
License.  In particular, you must make the Source Code of your
Modifications available to others.

5.      You may use the Licensed Product for any purpose, but the
Licensor is not providing you any warranty whatsoever, nor is the
Licensor accepting any liability in the event that the Licensed Product
doesn't work properly or causes you any injury or damages.

6.      If you sublicense the Licensed Product or Derivative Works, you
may charge fees for warranty or support, or for accepting indemnity or
liability obligations to your customers.  You cannot charge for the
Source Code.

7.      If you assert any patent claims against the Licensor relating to
the Licensed Product, or if you breach any terms of the License, your
rights to the Licensed Product under this License automatically
terminate. You may use this License to distribute your own Derivative
Works, in which case the provisions of this License will apply to your
Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other
OSI-approved Open Source license, or under a proprietary license of your
choice.  If you use any license other than this License, however, you
must continue to fulfill the requirements of this License (including the
provisions relating to publishing the Source Code) for those portions of
your Derivative Works that consist of the Licensed Product, including
the files containing Modifications.

New versions of this License may be published from time to time.  You
may choose to continue to use the license terms in this version of the
License or those from the new version.  However, only the Licensor has
the right to change the License terms as they apply to the Licensed
Product. This License relies on precise definitions for certain terms.
Those terms are defined when they are first used, and the definitions
are repeated for your convenience in a Glossary at the end of the
License.

License Terms

1.      Grant of License From Licensor.  Licensor hereby grants you a
world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims, to do the following:

a.       Use, reproduce, modify, display, perform, sublicense and
distribute any Modifications created by such Contributor or portions
thereof, in both Source Code or as an executable program, either on an
unmodified basis or as part of Derivative Works.

b.       Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make, use,
sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.

2. Grant of License to Modifications From Contributor. "Modifications"
means any additions to or deletions from the substance or structure of
(i) a file containing Licensed Product, or (ii) any new file that
contains any part of Licensed Product. Hereinafter in this License, the
term "Licensed Product" shall include all previous Modifications that
you receive from any Contributor. By application of the provisions in
Section 4(a) below, each person or entity who created or contributed to
the creation of, and distributed, a Modification (a "Contributor")
hereby grants you a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, to do the
following:

a.  Use, reproduce, modify, display, perform, sublicense and distribute
any Modifications created by such Contributor or portions thereof, in
both Source Code or as an executable program, either on an unmodified
basis or as part of Derivative Works.

b.  Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make, use,
sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.

3.      Exclusions From License Grant.  Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. No patent license is
granted separate from the Licensed Product, for code that you delete
from the Licensed Product, or for combinations of the Licensed Product
with other software or hardware.  No right is granted to the trademarks
of Licensor or any Contributor even if such marks are included in the
Licensed Product.  Nothing in this License shall be interpreted to
prohibit Licensor from licensing under different terms from this License
any code that Licensor otherwise would have a right to license.

4.      Your Obligations Regarding Distribution.  

a.       Application of This License to Your Modifications.  As an
express condition for your use of the Licensed Product, you hereby agree
that any Modifications that you create or to which you contribute, and
which you distribute, are governed by the terms of this License
including, without limitation, Section 2.  Any Modifications that you
create or to which you contribute may be distributed only under the
terms of this License or a future version of this License released under
Section 7.  You must include a copy of this License with every copy of
the Modifications you distribute.  You agree not to offer or impose any
terms on any Source Code or executable version of the Licensed Product
or Modifications that alter or restrict the applicable version of this
License or the recipients' rights hereunder. However, you may include an
additional document offering the additional rights described in Section
4(e).

b.       Availability of Source Code.  You must make available, under
the terms of this License, the Source Code of the Licensed Product and
any Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or via
a mechanism generally accepted in the software development community for
the electronic transfer of data (an "Electronic Distribution
Mechanism").  The Source Code for any version of Licensed Product or
Modifications that you distribute must remain available for at least
twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of said Licensed Product
or Modifications has been made available.  You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.

c.       Description of Modifications.  You must cause any Modifications
that you create or to which you contribute, and which you distribute, to
contain a file documenting the additions, changes or deletions you made
to create or contribute to those Modifications, and the dates of any
such additions, changes or deletions.  You must include a prominent
statement that the Modifications are derived, directly or indirectly,
from the Licensed Product and include the names of the Licensor and any
Contributor to the Licensed Product in (i) the Source Code and (ii) in
any notice displayed by a version of the Licensed Product you distribute
or in related documentation in which you describe the origin or
ownership of the Licensed Product. You may not modify or delete any
preexisting copyright notices in the Licensed Product.

d.       Intellectual Property Matters.

    i.            Third Party Claims.  
If you have knowledge that a license to a third party's intellectual
property right is required to exercise the rights granted by this
License, you must include a text file with the Source Code distribution
titled "LEGAL" that describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact.  If you
obtain such knowledge after you make any Modifications available as
described in Section 4(b), you shall promptly modify the LEGAL file in
all copies you make available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Licensed Product from you
that new knowledge has been obtained.

    ii.            Contributor APIs.  If your Modifications include 
an application programming interface ("API") and you have knowledge of
patent licenses that are reasonably necessary to implement that API, you
must also include this information in the LEGAL file.

    iii.            Representations.  You represent that, except as 
disclosed pursuant to 4(d)(i) above, you believe that any Modifications
you distribute are your original creations and that you have sufficient
rights to grant the rights conveyed by this License.

e.       Required Notices.  You must duplicate this License in any
documentation you provide along with the Source Code of any
Modifications you create or to which you contribute, and which you
distribute, wherever you describe recipients' rights relating to
Licensed Product.  You must duplicate the notice contained in Exhibit A
(the "Notice") in each file of the Source Code of any copy you
distribute of the Licensed Product. If you created a Modification, you
may add your name as a Contributor to the Notice.  If it is not possible
to put the Notice in a particular Source Code file due to its structure,
then you must include such Notice in a location (such as a relevant
directory file) where a user would be likely to look for such a notice.
You may choose to offer, and charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Licensed
Product. However, you may do so only on your own behalf, and not on
behalf of the Licensor or any Contributor.  You must make it clear that
any such warranty, support, indemnity or liability obligation is offered
by you alone, and you hereby agree to indemnify the Licensor and every
Contributor for any liability incurred by the Licensor or such
Contributor as a result of warranty, support, indemnity or liability
terms you offer.

f.        Distribution of Executable Versions.  You may distribute
Licensed Product as an executable program under a license of your choice
that may contain terms different from this License provided (i) you have
satisfied the requirements of Sections 4(a) through 4(e) for that
distribution, (ii) you include a conspicuous notice in the executable
version, related documentation and collateral materials stating that the
Source Code version of the Licensed Product is available under the terms
of this License, including a description of how and where you have
fulfilled the obligations of Section 4(b), (iii) you retain all existing
copyright notices in the Licensed Product, and (iv) you make it clear
that any terms that differ from this License are offered by you alone,
not by Licensor or any Contributor.  You hereby agree to indemnify the
Licensor and every Contributor for any liability incurred by Licensor or
such Contributor as a result of any terms you offer.

g.       Distribution of Derivative Works.  You may create Derivative
Works (e.g., combinations of some or all of the Licensed Product with
other code) and distribute the Derivative Works as products under any
other license you select, with the proviso that the requirements of this
License are fulfilled for those portions of the Derivative Works that
consist of the Licensed Product or any Modifications thereto.

5.      Inability to Comply Due to Statute or Regulation.  If it is
impossible for you to comply with any of the terms of this License with
respect to some or all of the Licensed Product due to statute, judicial
order, or regulation, then you must (i) comply with the terms of this
License to the maximum extent possible, (ii) cite the statute or
regulation that prohibits you from adhering to the License, and (iii)
describe the limitations and the code they affect. Such description must
be included in the LEGAL file described in Section 4(d), and must be
included with all distributions of the Source Code.  Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill at computer
programming to be able to understand it.

6.      Application of This License.  This License applies to code to
which Licensor or Contributor has attached the Notice in Exhibit A,
which is incorporated herein by this reference.

7.      Versions of This License.

a.       New Versions.  Licensor may publish from time to time revised
and/or new versions of the License.

b.       Effect of New Versions.  Once Licensed Product has been
published under a particular version of the License, you may always
continue to use it under the terms of that version.  You may also choose
to use such Licensed Product under the terms of any subsequent version
of the License published by Licensor.  No one other than Licensor has
the right to modify the terms applicable to Licensed Product created
under this License.

c.       Derivative Works of this License.  If you create or use a
modified version of this License, which you may do only in order to
apply it to software that is not already a Licensed Product under this
License, you must rename your license so that it is not confusingly
similar to this License, and must make it clear that your license
contains terms that differ from this License.  In so naming your
license, you may not use any trademark of Licensor or any Contributor.

8.      Disclaimer of Warranty.  LICENSED PRODUCT IS PROVIDED UNDER THIS
LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED
PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LICENSED PRODUCT IS WITH YOU.  SHOULD LICENSED PRODUCT PROVE
DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.

9.      Termination.  

a.       Automatic Termination Upon Breach.  This license and the rights
granted hereunder will terminate automatically if you fail to comply
with the terms herein and fail to cure such breach within thirty (30)
days of becoming aware of the breach.  All sublicenses to the Licensed
Product that are properly granted shall survive any termination of this
license.  Provisions that, by their nature, must remain in effect beyond
the termination of this License, shall survive.

b.       Termination Upon Assertion of Patent Infringement.  If you
initiate litigation by asserting a patent infringement claim (excluding
declaratory judgment actions) against Licensor or a Contributor
(Licensor or Contributor against whom you file such an action is
referred to herein as Respondent) alleging that Licensed Product
directly or indirectly infringes any patent, then any and all rights
granted by such Respondent to you under Sections 1 or 2 of this License
shall terminate prospectively upon sixty (60) days notice from
Respondent (the "Notice Period") unless within that Notice Period you
either agree in writing (i) to pay Respondent a mutually agreeable
reasonably royalty for your past or future use of Licensed Product made
by such Respondent, or (ii) withdraw your litigation claim with respect
to Licensed Product against such Respondent. If within said Notice
Period a reasonable royalty and payment arrangement are not mutually
agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Licensor to you under Sections 1 and 2
automatically terminate at the expiration of said Notice Period.

c.       Reasonable Value of This License.  If you assert a patent
infringement claim against Respondent alleging that Licensed Product
directly or indirectly infringes any patent where such claim is resolved
(such as by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by said Respondent under Sections 1 and 2 shall be taken into
account in determining the amount or value of any payment or license.

d.       No Retroactive Effect of Termination.  In the event of
termination under Sections 9(a) or 9(b) above, all end user license
agreements (excluding licenses to distributors and resellers) that have
been validly granted by you or any distributor hereunder prior to
termination shall survive termination.

10.  Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED
PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

11.  Responsibility for Claims.  As between Licensor and Contributors,
each party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License.  You
agree to work with Licensor and Contributors to distribute such
responsibility on an equitable basis.  Nothing herein is intended or
shall be deemed to constitute any admission of liability.

12.  U.S. Government End Users.  The Licensed Product is a commercial
item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of commercial computer software and commercial computer software
documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed
Product with only those rights set forth herein.

13.  Miscellaneous.  This License represents the complete agreement
concerning the subject matter hereof.  If any provision of this License
is held to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable. Any action or suit relating
to this License may be brought only in the courts of a jurisdiction
wherein the Licensor resides or in which Licensor conducts its primary
business, and under the laws of that jurisdiction excluding its
conflict-of-law provisions. The losing party is responsible for costs
including, without limitation, court costs and reasonable attorneys fees
and expenses.  You and Licensor expressly waive any rights to a jury
trial in any litigation concerning Licensed Product or this License.
Any law or regulation that provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any use of the
Original Work outside the scope of this License or after its termination
shall be subject to the requirements and penalties of the U.S. Copyright
Act, 17 U.S.C. 101 et seq., the equivalent laws of other countries, and
international treaty. This section shall survive the termination of this
License.

14.  Definition of You in This License. You throughout this License,
whether in upper or lower case, means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 7.  For
legal entities, you includes any entity that controls, is controlled by,
or is under common control with you.  For purposes of this definition,
control means (i) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise, or (ii)
ownership of fifty percent (50%) or more of the outstanding shares, or
(iii) beneficial ownership of such entity.

15.  Glossary.  All defined terms in this License that are used in more
than one Section of this License are repeated here, in alphabetical
order, for the convenience of the reader.  The Section of this License
in which each defined term is first used is shown in parentheses.

Contributor:  Each person or entity who created or contributed to the
creation of, and distributed, a Modification.  (See Section 2)

Derivative Works: That term as used in this License is defined under
U.S. copyright law.  (See Section 1(b))

File: A persistent or transient representation, including without
limitation, a computer system file, an information resource, and a web
resource.

License:  This CognitiveWeb Open Source License.  (See first paragraph
of License)

Licensed Product:  Any CognitiveWeb Product licensed pursuant to this
License.  The term "Licensed Product" includes all previous
Modifications from any Contributor that you receive. (See first
paragraph of License and Section 2)

Licensor:  Bryan Thompson dba CognitiveWeb  (See first paragraph of
License)

Modifications:  Any additions to or deletions from the substance or
structure of (i) a file containing Licensed Product, or (ii) any new
file that contains any part of Licensed Product.  (See Section 2)

Notice:  The notice contained in Exhibit A.  (See Section 4(e))

Source Code: The preferred form for making modifications to the Licensed
Product, including all modules contained therein, plus any associated
interface definition files, scripts used to control compilation and
installation of an executable program, or a list of differential
comparisons against the Source Code of the Licensed Product.  (See
Section 1(a))

You:  This term is defined in Section 14 of this License.

EXHIBIT A

The Notice below must appear in each file of the Source Code of any copy
you distribute of the Licensed Product.  Contributors to any
Modifications may add their own copyright notices to identify their own
contributions.

License:

The contents of this file are subject to the CognitiveWeb Open Source
License Version 1.1 (the License).  You may not copy or use this file,
in either source code or executable form, except in compliance with the
License.  You may obtain a copy of the License from
http://www.CognitiveWeb.org/legal/license/. Software distributed under
the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY
KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.

Copyrights:

Portions created by or assigned to CognitiveWeb are Copyright (c)
2003-2003 CognitiveWeb.  All Rights Reserved.  Contact information for
CognitiveWeb is available at http://www.CognitiveWeb.org. Portions
Copyright (c) 2002-2003 Bryan Thompson. Acknowledgements Special thanks
to the developers of the Jabber Open Source License 1.0 (JOSL), from
which this License was derived.  This License contains terms that differ
from JOSL. Special thanks to the CognitiveWeb Open Source Contributors
for their suggestions and support of the Cognitive Web. 

Modifications: